Robert has extensive experience in dealing with and resolving all types of IP, IT and technology related disputes across a wide variety of sectors, with particular in depth of expertise in luxury brands, food and drink, fashion, oil & gas technologies and pharmaceuticals. Robert has specialised full-time in this area for over 15 years and is an accredited IP specialist by the Law Society of Scotland. He has represented clients in the Court of Session in a wide variety of often high profile and complex matters including patent infringement, validity and entitlement disputes, brand protection cases involving passing off actions for household brands as well as trademark actions including counterfeit, pirated and parallel imported goods, and copyright and design right disputes. He also deals with protecting plant variety rights, trade secrets and confidential information as well as domain name disputes.
Where possible Robert works with clients to avoid disputes arising through the provision of strategic pre-emptive advice, but where that is not possible he aims to resolve matters and achieve the desired commercial objectives as swiftly as possible not only through litigation but also using negotiation, mediation and arbitration.
In a notable case, Robert successfully acted for TripAdvisor in the Court of Session, resisting an application for an order that the company release identification details about posters of allegedly defamatory reviews.
Robert is a member of many IP and IT related groups including ITMA (member of committee organising all Scottish training events), AIPPI, SCL, INTA and PTMG and is a member of the Law Society Technology Committee and board member of the Scottish Society for Computers and Law. Robert regularly speaks at seminars and conferences such as ITMA and the UK Intellectual Property Office panel sessions in Scotland on the new Unitary Patent Court rules and fees. Robert is also involved in the Edinburgh University LLM on Managing Intellectual Property, dealing with IP infringement and litigation.
Robert is ranked as a ‘notable practitioner’ in Chambers & Partners 2016 for IP.
"Sources say the "excellent" Robert Buchan "knows his law very well and is clearly an expert in the field, giving sage advice on unclear areas of regulation." He specialises in IP disputes, regularly handling patent and trade mark infringement matters."
Chambers & Partners 2016.